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  • FIRST POST
    • arenaman
    • By arenaman 11th Sep 17, 6:01 PM
    • 715Posts
    • 131Thanks
    arenaman
    What to claim for?
    • #1
    • 11th Sep 17, 6:01 PM
    What to claim for? 11th Sep 17 at 6:01 PM
    Hello again, bit of advice needed please about my mother and what she's entitled to claim for.

    I've been on a bit of a wild goose chase so far putting a claim in for PIP only to find out she can't claim as she's over 65, (she's 70) that's wasted 3 months.

    In a nutshell she's been on the low rate DLA for mobility for a number of years but since my dad died 2 yrs ago she's been quite ill and I need to know what she can claim for to help her pay her carers bills.

    Over the last year she's basically given up on life and has been on a downward spiral, she has atrial fibrillation (diagnosed about a year ago) which leaves her breahless and lethargic, she has no motivation to do anything (prescribed anti depressants also) She's had water infections and has had hallucinations but according to mental health services who monitored her she's got full capacity. She's now suffering from incontinence, memory issues, falls due to being unsteady on her feet resulting recently in fractured pelvis, cuts, bruising and has now just broken her arm the other day. I'm havng to sort everything out for her, move, house sale, financial affairs and am going for power of attorney (with her authority) whilst she's still got capacity.

    We've had to move her out of her 3 bed semi last week into supported accommodation, she's had carers coming in 3 times a day for the last 9 months to help her wash, dress, take meds, quick tidy up etc, she's having to pay for this now after a few months for free.

    Having found out she can't claim PIP, I was told to try and claim Attendance allowance but the pack says it's for people who are not entitled to DLA. She does get DLA but that's based on how she was years ago and only gets £80 odd a month paid with her pension but she has far more ongoing care needs now and needs the carers in to help her 3 x a day.

    Should I be getting onto the DLA people for a reassessment?, the PIP team told me to claim AA but like I say the pack says she can't claim AA if she's getting DLA

    So confusing
Page 1
    • Alice Holt
    • By Alice Holt 11th Sep 17, 7:58 PM
    • 1,373 Posts
    • 1,490 Thanks
    Alice Holt
    • #2
    • 11th Sep 17, 7:58 PM
    • #2
    • 11th Sep 17, 7:58 PM
    She should ask for a DLA supersession.
    https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

    As she is over 65 she it is not possible for her to be awarded the High Rate mobility or Low Rate Care element of DLA

    However it sounds like she may now have care needs corresponding to Middle Rate Care (care needs throughout the day). If she has night time care needs as well then High Rate Care could apply. (These correspond to the 2 rates in AA).

    http://www.ageuk.org.uk/brandpartnerglobal/gloucestershirevpp/factsheets/disability_living_allowance_fcs.pdf

    I would strongly advise that you get help her help to complete the form. Possible sources -
    Local CAB / advice agency;
    Age UK;
    Local council if they have a FAB team.

    Has she been assessed for social care and support?
    http://www.nhs.uk/Conditions/social-care-and-support-guide/Pages/assessment-care-needs.aspx

    When a Care element of DLA is in payment, it would be worth getting a benefits check to establish if Savings Pension Credit may be appropriate.
    • arenaman
    • By arenaman 11th Sep 17, 8:25 PM
    • 715 Posts
    • 131 Thanks
    arenaman
    • #3
    • 11th Sep 17, 8:25 PM
    • #3
    • 11th Sep 17, 8:25 PM
    Thanks, am I right in thinking as she's over 65 and has no care DLA already then she can't claim for that just ask for the mobility part to be reconsidered?(supersession)

    I've also read conflicting info about whether she could claim AA, some says she can't if she already claims DLA, some says she can't if she's claiming care component of DLA (which she isn't)
    • Alice Holt
    • By Alice Holt 11th Sep 17, 9:33 PM
    • 1,373 Posts
    • 1,490 Thanks
    Alice Holt
    • #4
    • 11th Sep 17, 9:33 PM
    • #4
    • 11th Sep 17, 9:33 PM
    Thanks, am I right in thinking as she's over 65 and has no care DLA already then she can't claim for that just ask for the mobility part to be reconsidered?

    No, it's the other way round.
    From the AGE UK link:
    "If you are receiving DLA and your care needs change after you are 65, you
    may be able to qualify for the middle or highest rate of the care component

    after six months.
    You cannot normally start to receive the lowest rate of the care component or
    any rate of the mobility component after the age of 65."



    I've also read conflicting info about whether she could claim AA, some says she can't if she already claims DLA, .......

    She can't claim both DLA & AA.
    She needs to tell DLA about her change of circumstances and ask for a supersession to assess whether she has now qualifies for the Care component of DLA (these are equivalent to AA care needs). She will need to have had these care needs for 6 months before asking to be reassessed
    Originally posted by arenaman
    I would strongly advise that you get help to complete the DLA supersession form.
    • arenaman
    • By arenaman 11th Sep 17, 9:56 PM
    • 715 Posts
    • 131 Thanks
    arenaman
    • #5
    • 11th Sep 17, 9:56 PM
    • #5
    • 11th Sep 17, 9:56 PM
    Thanks for the help, I'll get onto the DLA then

    Although she made the mistake in applying for PIP in the first place the PIP team have been shocking, sent her the claim pack, even sent it back for further information when she missed a section out then nothing until we phoned for an update, they then said we haven't got it and by the way she's over 65 so can't claim it. They could have identified she was not eligible when the pack was requested.

    Anyway, thanks again
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